ddebart56

No trial...was a MSJ hearing...never should have tried to do Pro Se......

Thank you I will check out the website and drop a line. I am so put out about this all....I called the court....paying the court is actually protecting me. So I am ok with that....so midland can not come back and say ...she did not pay on time blah blah blah. I won't appeal do not have it in me....won't do any good in this state....I will pay back what I owe and go on about my life....To anyone thinking about going with a debt settlement company...make sure your state does not allow CA to levy your bank accounts, house and cars....INDIANA SUCKS!~ That is what happens when you have Republican Governors and Republican run state govt. ....they take care of business and screw the little guy....

OK I got a question??? How come I am paying the Clerk, Elkhart SUperioe Court No 6 instead of Midland Funding the jacka$$$$ that sued me????? THis is all so sickening..they are in bed with these Debt buyers and the good citizens of Indiana are in the dark. I can not file BK make too much money....I am with Debt Settlement company for 4 years now and this pops up. I am befuddled and just lost. I contacted all local stations (news) via e,ail and facebook...zero replied...should I try to contact 60 minutes. I mean this is a real travesty and with the american people hurting financially..seems that the news would love to get ahold of something like this. ANy suggestions or ties with news people?

I did do some research and pulled a couple months of civil suits and 90% were with Midfland and 100% were judgements in favor of the plaintiff. I am sure the good citizens of this state do not have a clue what a racket occurs in our court system with Judges that allow this scam...I am going to call news station see if they are interested. Maybe get an investigation going....I mean I fell on hard times....lost 40k in income and had to chose between Credit Cards or my house, and car. What you think?

I wanted to add to my post...sorry I am obsessive about this but I just can not get this out of my head!!!!!! Why did the Plaintiff not have to show a chain of title...why did they not have to present a bill? The Affidavit should have been dismissed I did quote a case in Indiana where the Affidavit was considered hear say!!!!!!!!!!!! I can not stand the fact that these people get to keep 9K ...when they did not pay but maybe 1 grand if that much....it is extortion!!!!!!! Where is the public outrage???? This should be illegal...this is no different than loan sharking???They just break your legs in court!

In response to the post reply....my debt settlement company tried to work with Midland and they would not budge on price b/c they knew that this particular Judge (Judge Lewis) was creditor friendly.....and they knew they could get the entire 9k. Midland filed in the county in which I live....the county that is extremely conservative.... Anyhow I forgot to relate that I stayed after my turn with the unHonorable Judge LEWIS to speak with the scumbag JIM.....about the amount to pay each month...anyhow I was sitting in the court room and this well dressed gentleman is next on the docket....He goes up and stands with scumbag(SB) JIM and pulls out his briefcase and begins to present a perfect defense....qouted Indiana law and court cases that mirrored cases just like ours....a case that dismissed the Affidavit of Debt as hearsay... Also the point that I tried to make....the chain of title....and no bill of sale...how could this debt be mine without a chain of title...how am I sure this is the same debt I owed the OC. He was impeccable...actually presented a better case than SB JIM, ,,,,,the Judge stopped him dead in his tracks...he told him he already stated his arguments and restating them over and over are not going to make his case. I was LIKE WHAT? I heard SB JIM repeat himself numerous times...it is painfully obvious that no matter how much you prepared for this ....going to court with this Judge was a waste of time....the Judge actually told him he was wasting the courts time....REALLY....how terrible and unscrupulous...unethical was that? I am glad I did not waste any of my hard earned money on an attorney.... anyhow...so what would you guys do? I am thinking appeal but on what grounds...and yes If I appealed I would get an attorney..... or should I just pay these guys off....I mean I did owe 9K just not to them....I am torn....HELP

I have been following these board postings since I recved Summons in October. I used some of the forms..Request for Debt Validation Request to strike Affidavit of Debt and how to request dismissal of Midland's MSJ. On 2/14/13 I showed up one hour early to my hearing..I thought I was pretty prepared...I read tons of things on internet about how to fight JDB's and I had my notebook with my opening statement...first to strike affidavit...obvious it was a robosigned one...second there was no bill of sale from Equable to Midland even though in the Affidavit it stated Midland "acquired" account from Equable, Midland did not show the Chain of Title from original debtor WAMU/Chase to Equable then to Midland...this alone should have been a red flag to Judge as it gives Midland no reason to sue. As I was sitting outside the court room several people were filing in mostly poor and most of them were Midland Funding Lawsuits. The clerke directed them to speak with Attorney Jim Boscia of Boscia, Bowman and Vician a Lawfirm out of Merrilville IN. I am in Elkhart County Merrilville is 100 miles to the west...but I digress...the point I am trying to make is this Clerk called the Attorney by first name JIM and they were on friendly terms....my gut dropped to my feet....I am screwed. When it was time to go in...I gathered all my papers and went to sit down. In comes the scumbag JIM with his lap top followed by several misguided obviously scared and very unprepared defendants. In comes Judge Lewis, we all RISE and clerk calls 1st case. JIM goes to stand in front of Judge with laptop in hand...opens lap top...he smiles at clerk(she remarked earlier that if she keeps things in the order she has planned he owes her a BLIZZARD from DQ down the street..REALLY???) I knew then I was in trouble. Anyhow the first case is open and shut the defendant was Hispanic, required his grand daughter to interpret, he kept his head down obviously shamed by this event. No rebutal on their part. Judge awards judgement without looking up at defendant. Down goes the gavel and I begin to get real nervous. A couple more cases go by all of them open and shut...gavel down....instant MSJ awarded. My turn...I walk to the Judge and open my little book with my well detailed notes...the Judge reads the orginal summons, then my request for DV, then my request to Strike Affidavit of Debt and request for Dismissal. Judge has my well written request to Strike Affidavit....I said to himthat this Affivadavit was flimsy at best. He remarked why do you say that. I remarked b/c the said Affiant for one is not present in court ..he states she is not been subpoened I nod I know this youir Honor...but this Affivadavit is Hearsay b/c she states that I as defendant owe Midland 9923.74 . She also stated that Midland acquired this debt from Equable Ascent but did not show a bill of sale. I asked the Judge how can hearsay be used as evidence? How do I know that another debt buyer does not say they own the same debt and next month will ask me for the same 9k? He barely looked at me and said the request to strike is denied. I stood there shocked and I began to tear up a bit. I quoted a Federal Rule of Evidence 106 requires that I be shown all the documents related to bill of sale. Judge quickly stated Miss DeBartolo this is an Indiana Court. I replied Does the Federal Rule not apply to all states...he snarked No it does not. Then scumbag JIM proceeded to talk...all a bunch of marlarky if you ask me...about how no one likes debt buyers(NO kidding) and that Midland has had it's fair amount of lawsuits(I can see why they are crooks). He goes on to state that Affidavits are always going to be questioned as hearsay just because they are a persons best recollection of the facts as they are known or some babbling BS. By then I was looking like the rest of the poor souls that left the court room. It was OBVIOUS JUDGE was a Creditor FRIENDLY Judge and all us debtors are deadbeats looking for entitlements or what ever. Needles to say...I knew if I appealed...I would not win in this CONSERVATIVE ELKHART INDIANA Judicial system...so I agreed with scumbag JIM on a payment plan of 300/month. I spoke with my debt settlement company about it....they are going to suspend my payments to them and finish settling my other accounts with the capital i have acquired with them. Any suggestions on how to proceed or am I just screwed? Diane from Indiana